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Ted Wells Receives Charles Hamilton Houston Medal of Freedom from Harvard Law School

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Ted Wells has been honored by Harvard Law School with its highest honor, the Charles Hamilton Houston Medal of Freedom. The award, which Harvard bestows on individuals who have worked to uphold the legal system's commitment to freedom, justice and equality, features an image of Charles Hamilton Houston, a prominent African-American lawyer and NAACP Litigation Director who was instrumental in dismantling Jim Crow laws. At the September 16 awards ceremony, part of Harvard Law School's Celebration of Black Alumni event, Ted gave a keynote address on the evolving roles of black lawyers.

October 7, 2016

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Paul, Weiss is pleased to announce that the following attorneys have been elected to the partnership, effective January 1, 2019: Justin Anderson, Robert Britton, David Carmona, Harris Fischman, Christopher D. Frey, Matthew B.…

Beginning next month, Democrats will control the House of Representatives for the first time since 2010. Given the pent-up demand for House Democrats to make robust use of their oversight and investigative authorities, the current…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Crimes of Violence and Risk-of-Force Clauses,” appeared in the November 28 issue of the New York Law Journal.

The New York Timeshighlighted Paul, Weiss’s leadership in a court-ordered effort to find parents deported by the Trump Administration and to reunify families in an article on law firms’ intensive pro bono immigration efforts.

In an opinion piece for The National Law Journal, “Are Existing Civil Procedure Rules Limiting the Fair Adjudication of MDLs?” litigation partner David Bernick discusses the Federal Rules of Civil Procedure in the context of today’s…

Lorin Reisner will speak on a panel at the Practising Law Institute’s 2018 Pocket MBA for Lawyers and Other Professionals. Lorin’s panel, “Regulatory and Legal Compliance in International Business and Trade,” will address regulatory…

Litigation partner Jeh Johnson was interviewed by David Westin on “Bloomberg Markets: Balance of Power,” where he discussed the use of military troops at the U.S. border with Mexico, the dangers of political rhetoric, and potential…

Litigation partner Jeh Johnson appeared on both MSNBC’s Meet The Press Daily and Fox Business Network to discuss the decision to send 5,200 troops to the southwestern border, and what role they will play in meeting the migrant…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Jurisdictional Effect of Plaintiff’s Loss of Financial Interest in a Derivative Suit,” appeared in the October 24 issue of the New York Law…

The New York Commercial Division’s new Rule 11-e(f), which encourages the use of Technology-Assisted Review (TAR) and sets relevant guidelines, went into effect on October 1, 2018. In this video, litigation partners Chris Boehning and …

Litigation partner Jeh Johnson appeared on both CBS This Morning and NBC Nightly News to discuss the government’s October 3 test of the new nationwide presidential alert, intended to warn the public of an impending national crisis.

On September 27, 2018, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) announced coordinated enforcement resolutions with Petróleo Brasileiro S.A. – Petrobras, the Brazilian state-owned…

Ten years after the collapse of Lehman Brothers, market participants and other global companies operate in a markedly changed regulatory enforcement and compliance landscape. This memorandum discusses the legal and business…

On August 24, 2018, the Court of Appeals for the Second Circuit held in United States v. Hoskins that a foreign national who does not otherwise fall within the specific categories of defendants enumerated in the Foreign Corrupt…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Court Clarifies Certification Analysis for Out-of-State Class Members,” appeared in the August 22 issue of the New York Law Journal.

Litigation partner Christopher Boehning wrote the “North American Overview” chapter of The International Comparative Legal Guide (ICLG) to: International Arbitration 2018, published by the Global Legal Group Ltd., London.

In her capacity as a member of the Commercial Division Advisory Council, litigation partner Elizabeth Sacksteder led an initiative to promulgate a new rule recently adopted by the New York State Supreme Court’s Commercial Division…

Litigation partner Michael Gertzman and associate Michael Pernick co-authored an August 1 article for the New York Law Journal titled “Should I Stay or Should I Go? Reviewing Documents Here or Abroad.”

In a new rule providing guidance on technology-assisted review, the Commercial Division of the New York State Supreme Court encourages litigants to use the most efficient means to conduct review of electronic information. We discuss…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “2nd Circ. Declines to Review Arbitrator’s Undisclosed Relationships,” appeared in the July 25 issue of the New York Law Journal.

In an opinion piece for The Washington Post, “Abolishing ICE is Not a Serious Policy Proposal,” litigation partner Jeh Johnson explains why calls for the abolition of the U.S. Immigration and Customs Enforcement (ICE) agency only…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Substantive Reasonableness Review Finally Getting Teeth in the Second Circuit,” appeared in the June 27 issue of the New York Law Journal.

On June 21, 2018, the Supreme Court held in Lucia v. SEC, No. 17-130, that the process by which the Securities and Exchange Commission (SEC) selects administrative law judges (ALJs) violates the U.S. Constitution.

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Litigation Activity in a Single Lawsuit is No Basis for Civil RICO Claim,” appeared in the June 18 issue of the New York Law Journal. The…

Secretary Johnson appeared on MSNBC’s Morning Joe yesterday to talk about Jeff Sessions’ decision to restrict asylum in the U.S. for people fleeing domestic or gang violence, as well as President Trump’s visit to North Korea.

On June 12, 2018, in People v. Credit Suisse Securities(USA) LLC, et al., the New York Court of Appeals held that claims brought under the Martin Act—New York’s uniquely broad Blue Sky Law, a powerful tool that permits the Attorney…

On June 11, 2018, the U.S. Supreme Court held in China Agritech, Inc. v. Resh, No. 17-432, 584 U.S. __ (2018), that the class action tolling rule established more than four decades ago does not extend to successive class actions filed …

On June 4, 2018, the U.S. Department of Justice (“DOJ”) announced a pair of Foreign Corrupt Practices Act (“FCPA”) resolutions, one involving Paris-based Société Générale S.A. (“Société Générale”) and its wholly-owned subsidiary, SGA…

On May 29, 2018, in Lagos v. United States, the Supreme Court unanimously held that the Mandatory Victims Restitution Act of 1996 (the “MVRA”)[1] does not require a criminal defendant to pay the costs and attorneys’ fees associated…

Litigation partner Jennifer Wu co-moderated a conversation with U.S. Magistrate Judge Ona T. Wang, who was recently sworn into the Southern District of New York, at a lunch sponsored by the Asian-American Bar Association of New York…

On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act…

Litigation partners Lewis Clayton and Eric Stone’s latest intellectual property litigation column, “Determining the ‘Relevant Article of Manufacture’ in Assessing Design-Patent Damages,” appeared in the May 9 issue of the New York Law …

Yesterday, Rod Rosenstein, Deputy Attorney General of the U.S. Department of Justice, announced a new policy, in the form of an addition to the United States Attorneys’ Manual (“USAM”), concerning the coordination of corporate…

On May 3, 2018, for the second time, the Court of Appeals for the Second Circuit overturned the conviction of former Jefferies trader Jesse Litvak for alleged misstatements to an RMBS transaction counterparty.

On Tuesday, May 1, 2018, Paul, Weiss obtained a significant victory for Pretium Resources Inc. when the United States Court of Appeals for the Second Circuit affirmed dismissal of a securities fraud class action against Pretium.

Antitrust partner Jonathan Kanter will participate in an event hosted by Georgetown University’s Center for Business and Public Policy entitled “Understanding the Basic Economics of the Internet: Building a Foundation for 21st Century …

Litigation partner Jeh Johnson appeared on CBS’s “Face the Nation” on April 29. Secretary Johnson discussed the House Intelligence Committee report on Russian hacking into the 2016 election, and his warning to former FBI Director Jim…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Certified Questions To State Court,” appeared in the April 27 issue of the New York Law Journal. The authors note that in at least four cases…

Litigation partner Elizabeth Sacksteder will speak on a panel at a conference titled “Evaluating Litigation Risk in the 21st Century,” sponsored by the University of Connecticut School of Law and the Insurance Law Center.

As reported in our earlier client memorandum, in February 2018, the U.S. Supreme Court heard argument in United States Microsoft Corp., a case concerning the government’s ability to compel U.S. service providers to disclose email…

On April 11, litigation partner Jeh Johnson testified alongside former NSA chief Keith Alexander and former Homeland Security secretary Michael Chertoff on the lack of framework for offensive operations within the government to combat …

Litigation partner Mark Mendelsohn will participate in a roundtable discussion, “The New Corporate Enforcement Policy in Practice: What Changes, What Stays the Same in Your Disclosure Calculus and Investigation Management” at the…

Litigation partner Jeh Johnson delivered the keynote address at the “Global Cyber Threats: Corporate and Governmental Challenges to Protecting Private Data Cybersecurity” conference hosted by the New York University School of Law.

On April 11, litigation partner Jeh Johnson will testify before the House Armed Services Committee at a hearing entitled “Cyber Operations Today: Preparing for 21st Century Challenges in an Information-Enabled Society.”

Litigation partner Roberto Gonzalez has joined the board of directors of the Brady Center to Prevent Gun Violence, an organization aiming to create a safer America by cutting gun deaths in half by 2025.

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Recent Decision Extends the Public Forum Doctrine to Public Access Television,” appeared in the March 28 issue of the New York Law Journal.

In an op-ed for The New York Times titled “Stop Shielding Gun Makers,” firm chairman Brad Karp and litigation partner Chris Boehning discuss the statutory immunity of gun manufacturers and the problems this poses in reducing gun…

The U.S. Supreme Court recently resolved a split among state and federal courts about whether the Securities Litigation Uniform Standards Act of 1998 divested state courts of jurisdiction over class actions asserting claims under the…

Litigation partners Lew Clayton and Eric Stone’s latest intellectual property litigation column, “Guidance on What Constitutes a ‘Regular and Established Place of Business,’” appeared in the March 14 issue of the New York Law Journal. …

The DOJ recently intervened in a healthcare fraud lawsuit against a compounding pharmacy company. The DOJ’s decision to name the manager of the private equity fund that owned the pharmacy may signal a more expansive view of manager…

Litigation partner Alex Oh's article, “The ‘Human’ Side of FCPA Compliance: How to Best Work With HR in the Current Global Enforcement Environment” appeared in the March 7 issue ofThe Anti-Corruption Report.

Litigation partner Steven Baughman spoke on a panel at the third annual American Intellectual Property Law Association (AIPLA) Quarterly Journal’s symposium, “Evolving at the Speed of IP: Adapting to New Law, Emerging Technology & …

The Sedona Conference, a leading think tank on e-discovery law and practice, recently released its latest publication, “The Sedona Conference Commentary on BYOD,” which discusses the use and discovery of employee-owned devices in the…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Court Declines to Extend Absolute Immunity in Claims Against Stock Exchanges,” was published in the February 28 issue of the New York Law…

In a case that could have a major impact on how and where corporations store their customers’ electronic information, the U.S. Supreme Court heard oral arguments yesterday in United States v. Microsoft Corp. on the extraterritorial…

Since the Supreme Court ruled last June in Kokesh v. SEC that disgorgement claims are subject to a five-year statute of limitations, both lower courts and the SEC have grappled with questions the Court left unresolved, including…

The Supreme Court held yesterday that individuals who have reported alleged misconduct internally, but not to the SEC, are not covered by the anti-retaliation provisions of the Dodd-Frank Act, resolving a circuit split on the…

Secretary Johnson appeared alongside former governor Chris Christie on ABC’s “This Week” on February 18. On February 19, Secretary Johnson appeared on MSNBC’s “Morning Joe.” Both interviews addressed Russian interference in U.S.…

A federal magistrate judge in the Southern District of Florida recently ruled that a law firm had waived work product protection over notes and memoranda of witness interviews when it provided “oral downloads” of those interviews to…

The DOJ and the Office of the Comptroller of the Currency recently imposed a $368 million penalty on the U.S. subsidiary of Dutch-based Rabobank. The bank also pleaded guilty to conspiracy to obstruct regulatory oversight of its Bank …

On February 1, litigation partner Jessica Carey and counsel Peter Jaffe will participate in a conference on anticorruption hosted by the International Chamber of Commerce at Universidad Panamerica in Mexico.

A little-publicized provision of the tax law enacted last month bars companies from deducting one type of settlement as a business expense: settlement payments and associated attorneys’ fees related to sexual harassment or abuse where …

Despite significant FCPA enforcement activity in 2017, the Trump administration’s approach to enforcement remains elusive and not readily characterized. While actions against individuals were at the highest level in recent years,…

In Arkansas Teacher Retirement Systemv.Goldman Sachs Group, Inc., No. 16-250 (2d Cir. Jan. 12, 2018), the Second Circuit vacated the certification of a securities fraud class action due to two errors by the district court in its…

Litigation partner Steven Baughman was quoted in a Bloombergarticle discussing the declining number of petitions for covered business method (CBM) review at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). …

Litigation partners Marty Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Court Determines What Constitutes a ‘Domestic Injury’ in Wake of ‘RJR Nabisco,’” was published in the December 27 issue of the New York Law…

Litigation partner Jeh Johnson will speak at JPMorgan Chase & Co.’s Real Estate Investment Banking CEO Forum, an event that brings together a select group of decision makers and provides them with an opportunity for interacting…

Litigation partner Jeh Johnson will deliver the opening address at Legalweek New York 2018. Secretary Johnson’s speech, “Addressing Existential Threats – Surviving Turbulent Times and Finding a Way Forward,” will discuss how the legal …

Litigation partner Jeh Johnson was interviewed by ABC News at the Port Authority Bus Terminal after the December 11 terrorist attack. “Terrorism cannot prevail if people refused to be terrorized,” Secretary Johnson said in the…

On December 12, Roberto Gonzalez and Karen King will be guest speakers at the 2017 Chinese Financial Institutions’ Anti-Money Laundering and Sanctions Compliance Forum, sponsored by Ernst & Young and the China General Chamber of…

Recent months have witnessed important developments in the U.S. sanctions landscape, including new legislation, executive actions, and an uptick in enforcement by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).

A judge in the Northern District of California recently allowed the bulk of claims to advance in the Wells Fargo shareholder litigation. Plaintiffs seek to hold the board liable for alleged sales practices that have received…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column in the New York Law Journal, “Second Circuit Reexamines Supplemental Jurisdiction Over State Law Claims,” discusses a recent circuit ruling in…

The Department of Justice recently announced a new FCPA Corporate Enforcement Policy, which states that when a company voluntarily self-discloses misconduct, fully cooperates, and timely and appropriately remediates, there will be a…

Antitrust partner Jonathan Kanter participated in a roundtable discussion, “Media Markets: Competition and Regulatory Issues,” sponsored by the University College London Faculty of Laws’ Jevons Institute for Competition Law and…

Litigation partners Rick Rule and Joe Bial co-authored the “USA” chapter in the 2018 edition of The International Comparative Legal Guide to Cartels & Leniency, published by the Global Legal Group Ltd.

Antitrust partner Jonathan Kanter will speak on a panel at The Capitol Forum’s TMT Competition Conference, “Trump vs. Tech Giants: In the Media Market, What are the Implications of Potential Enforcement Against Facebook and Google?”

New York City employers will be barred from inquiring about or relying on an applicant’s salary history during the hiring process under a new law going into effect October 31. In this alert, we discuss the new law’s reach and…

Litigation partners Marty Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Defining the Scope of McDonnellv.United States,” was published in the October 25 issue of theNew York Law Journal.

The U.S. Supreme Court granted certiorari in United States v. Microsoft Corp., a case with potentially far-reaching impact on how and where U.S. companies store their customers’ electronic information. In this memo, we discuss the…

President Trump announced that he will not certify Iran’s compliance with the Joint Comprehensive Plan of Action, the multi-lateral commitment under which the United States, European Union, and five other countries agreed to lift…

Litigation counsel Edward Turan will speak on a panel titled “From Crisis to Opportunity: International Arbitration in the Financial Sector After the Global Financial Crisis” as part of International Law Weekend conference.

On Monday, October 16 at 6:00pm Secretary Johnson will participate in a public discussion at the Harvard Kennedy School in Boston, moderated by MSNBC’s Rachel Maddow, “Perspectives on National Security.”

The Supreme Court will address a number of issues important to the business community in the upcoming term, including the scope of the Alien Tort Statute, the validity of arbitration clauses in certain employment agreements, and the…

In their latest column on federal e-discovery in the New York Law Journal, litigation partners Christopher Boehning and Daniel Toal discussVan Zant, a recent decision in the Southern District of New York in which the court granted…

For the upcoming term, the Supreme Court is once again taking up significant securities litigation and enforcement matters. In this alert, we preview three cases already on the Court’s docket, and highlight a cert petitions of note.

U.S. authorities recently announced the first major FCPA settlement under the Trump administration: a $965 million global resolution with a Sweden-based telecommunications company Telia Company AB and its indirectly-owned Uzbek…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “The Second Circuit in the Supreme Court,” was published in the September 27 issue of the New York Law Journal.

On September 21, President Trump signed an executive order authorizing the Treasury Department to impose secondary sanctions against individuals and entities, including non-U.S. financial institutions, for conducting or facilitating…

Litigation partners Lew Clayton and Eric Stone’s latest intellectual property litigation column, “Should Patent Holder’s Misconduct Be Relevant to Inequitable Conduct?” appeared in the September 13 issue of the New York Law Journal.

A district judge recently issued a final ruling striking down overtime eligibility changes implemented by the Department of Labor during President Obama’s administration. The changes, set to take effect last December, would have more …

Of counsel Mark Alcott was interviewed about the relationship of the American Bar Association (ABA) to the United Nations; the interview was conducted by the Legal Talk Network during the American Bar Association’s (ABA) annual…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Fifth Amendment Prohibits Testimony Compelled by Foreign Sovereign,” was published in the August 30 issue of the New York Law Journal.

The New York State Department of Financial Services (DFS) recently announced that it seeks to impose a nearly $630 million civil penalty against a non-U.S. bank and its New York branch for alleged persistent anti-money laundering and …

On Wednesday, in United States v. Martoma, the United States Court of Appeals for the Second Circuit overruled its own 2014 decision in United States v. Newman and altered the standard for determining whether the personal benefit…

In a stark reversal, the U.S. Department of Labor recently backed away from defending in court new thresholds that raised the minimum salary that full-time white-collar employees must earn to be exempt from overtime pay. The DOL also …

In what is believed to be the first prosecution of an antitrust conspiracy furthered through the use of encrypted messaging services, the Antitrust Division recently announced that an e-commerce company and its president agreed to…

In an Op-Ed for The Wall Street Journal, litigation partner Jeh Johnson advises President Trump to continue the policy of Deferred Action for Childhood Arrivals (DACA), which defers deportation of certain undocumented immigrants…

President Trump recently signed into law H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act.” The law significantly expands U.S. sanctions targeting Russia and restricts President Trump’s ability to lift them…

In their latest column on Federal E-Discovery in the New York Law Journal, litigation partners Christopher Boehning and Daniel Toal discuss technology-assisted review (TAR) and its growing popularity in e-discovery practice in complex …

On July 27, 2017, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $12 million settlement with two Singapore-based companies over their use of U.S. dollar payments in connection with providing…

Litigation partner Jeh Johnson will deliver the keynote speech, “Perspectives on Homeland Security, Our Nation and Our Government,” during the Passing of the Gavel Luncheon at the American Bar Association’s upcoming annual meeting in…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Court Applies Different Principles When Interpreting Injury in Fact,” was published in the July 26 issue of the New York Law Journal.

Litigation partner Christopher Boehning wrote the “North American Overview” chapter of The International Comparative Legal Guide (ICLG) to: International Arbitration 2017, published by the Global Legal Group Ltd., London.

In this video, litigation partner and former Secretary of Homeland Security Jeh Johnson discusses the current state of cybercrime, as well as fundamental steps companies can take to protect against a cyber-attack.

Partners David Huntington and Roberto Gonzalez were quoted in a Compliance Reporterarticle discussing the U.S. Department of Treasury’s first of four reports recommending reforms to financial regulation.

In a sweeping new rule published today in the Federal Register, the CFPB barred providers of consumer financial products and services from entering into or enforcing contracts that include arbitration clauses precluding class action…

Litigation partners Lew Clayton and Eric Stone’s latest intellectual property litigation column, “Courts of Appeals to Decide Boundaries of Fair Use in the Digital Age,” appeared in the July 11 issue of the New York Law Journal.

In a July 7 decision with significant implications for the global OTC market, the Second Circuit addressed the standards for certifying classes in securities fraud cases. In In re Petrobras Securities Litigation, the Second Circuit…

The Commercial Division Advisory Council was created in 2013 as a follow up to Chief Judge Jonathan Lippman's Task Force on Commercial Litigation in the 21st Century. The Council's goal is to advise the Chief Judge on an ongoing basis …

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Permissibility of Offsetting Criminal Forfeiture Orders by Preemptive Restitution Payments,” was published in the June 30 issue of the New…

The U.S. Department of Justice recently declined to prosecute two U.S. subsidiaries of a German chemical company while requiring them to disgorge profits from the allegedly corrupt scheme, the third declination requiring disgorgement…

In a decision likely to have significant ramifications for federal securities litigation, the U.S. Supreme Court ruled on June 26 that the class action tolling doctrine established in American Pipe & Construction Co. v. Utah does…

On June 21, litigation partner Jeh Johnson will testify in a public session of the House Permanent Select Committee on Intelligence on the subject of Russian attempts to interfere with the 2016 election.

In their latest column on Federal E-Discovery, litigation partners Christopher Boehning and Daniel Toal discuss Hsueh v. N.Y. State Dep’t of Fin. Servs, a notable decision by Judge Paul Crotty of the SDNY on the topic of sanctions for …

On June 5, the Supreme Court unanimously held that SEC claims for disgorgement are governed by a five-year statute of limitations. The Court rejected the SEC’s position that the claims are not subject to time limits. The decision…

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Determining ‘Opprobrious’ Conduct Under the National Labor Relations Act,” was published in the New York Law Journal.

What makes an effective corporate compliance program? And how do regulators evaluate them? The U.S. Department of Justice recently issued guidance on evaluating the effectiveness of corporate compliance programs in criminal…

Litigation partners Lewis Clayton’s and Eric Stone’s latest intellectual property litigation column, “Recent Cases Address Scope of Copyright Protection for Pre-1972 Recordings,” appeared in the May 10 issue of the New York Law…

Antitrust partner Jonathan Kanter will speak on a panel at an upcoming conference, “2017 Legal Frontiers in Digital Media,” cosponsored by the Media Law Resource Center and the Berkeley Center for Law & Technology.

Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, “A Step Toward Protection From Sexual Orientation Discrimination Under Title VII,” was published in the New York Law Journal.

The Patent Trial and Appeal Board (PTAB) is an administrative trial forum established by Congress to provide a faster, more efficient alternative to district court litigation for patent validity challenges.

Litigation partner Steven Baughman will take part in a live webcast presented by the Federal Circuit Bar Association titled “Having Your AIA Cake and Eating It Too: Recent Decisions Addressing the Scope of AIA Estoppel.”

The Office of the Comptroller of the Currency (OCC) recently released a review of its supervision of Wells Fargo's sales practices aimed at identifying any gaps and lessons learned to improve the OCC’s supervisory processes. Echoing…

A committee of independent directors of Wells Fargo recently released an investigative report on the root causes of improper sales practices at Wells’ Community Bank. The report will likely be studied by regulators, congressional…

In their latest column on Federal E-Discovery, litigation partners Chris Boehning and Dan Toal discuss two recent federal district court decisions, including one from the Southern District of New York, that threaten sanctions on…

In this video, litigation partner Roberto Gonzalez discusses the implications of the New York Department of Financial Service's landmark cybersecurity rule, as well as cyber rulemaking efforts by the federal banking agencies.

Litigation partners Martin Flumenbaum and Brad Karp's latest Second Circuit Review column, “Enforcing Foreign Arbitral Awards Against Alleged Alter-Egos,” was published March 29 in the New York Law Journal.

Earlier this week, the Supreme Court agreed to hear an important securities case addressing the scope of federal securities law claims based solely on omissions of material information. Petitioners in the case, Leidos, Inc. v. Indiana …

In a February 23, 2017 summary decision in Ross v. AXA Equitable Life Insurance Company and three companion cases heard in tandem, the United States Court of Appeals for the Second Circuit affirmed the dismissals of putative class…

The U.S. Supreme Court on March 22 issued an important decision articulating a new standard for determining when components of an industrial design – in this case, cheerleading uniform designs – can be considered an original work of…

The Department of Justice recently released guidance on the Evaluation of Corporate Compliance Programs containing 119 questions the Fraud Section may ask in the context of an investigation. As we describe in this memorandum, the…

The U.S. Court of Appeals for the Tenth Circuit recently affirmed the dismissal of claims by a medical products distributor that two competitors violated antitrust laws by using tying and bundling contracts. The Court’s opinion in…

As reported in The Wall Street Journal and The American Lawyer, Paul, Weiss is among six major law firms spearheading an initiative to prevent cuts to the Legal Services Corp. (LSC)’s budget that would affect LSC’s ability to provide…

In a Q&A for Global Competition Review (GCR), litigation partner Andrew Forman touches on his time at the Federal Trade Commission’s Bureau of Competition; his experience in private practice; the most important issues in antitrust …

Paul, Weiss is a close-knit community with a distinct culture and shared values. In this video from our Alumni Reception, current and former Paul, Weiss lawyers share their thoughts on the firm and their ongoing connections to its…

Counsel Peter Jaffe was quoted in a Global Investigations Review “Just Anti-Corruption” article addressing a new set of questions the U.S. Department of Justice may ask when evaluating the strength of a company’s compliance program.

Economic sanctions, anti-money laundering and cybersecurity remain at the forefront of U.S. regulatory priorities. In this memorandum, we survey major developments and trends in these areas in 2016 and early 2017 and provide an…

Litigation partners Daniel Kramer and Audra Soloway are
co-authors of the recently updated "Federal Securities Litigation:
A Deskbook for the Practitioner" which was favorably reviewed by
Kevin LaCroix, author of the Internet…

Following on the heels of a record-breaking enforcement year,1
the Department of Justice and the Securities and Exchange
Commission continued their FCPA enforcement activities at a
breakneck pace in December 2016 and January…

In their latest New York Law Journal column
on Federal E-Discovery, litigation partners Christopher Boehning
and Daniel Toal discuss a recent district court decision that
applied the new version of Rule 26(b)(1) of the…

On February 7, the SEC's Office of Compliance Inspections and
Examinations identified five areas of compliance deficiencies or
weaknesses frequently found during the staff's examinations of
registered investment advisers. In the…

In Evenwel v. Abbott, the U.S.
Supreme Court held that the "One Person, One Vote" principle under
the Equal Protection Clause of the 14th Amendment allows states to
use total population, not just total…

On January 31, President Donald J. Trump nominated Tenth Circuit
Judge Neil Gorsuch for the Supreme Court seat vacated by the death
of Justice Antonin Scalia nearly a year ago. Though his judicial
record in private securities…

The Federal Trade Commission has revised upwards the
jurisdictional and filing fee thresholds of the Hart-Scott-Rodino
Antitrust Improvements Act and the Premerger Notification Rules.
The new minimum size of transaction threshold …

In their Second Circuit Review column, litigation partners
Martin Flumenbaum and Brad Karp address three recent decisions
interpreting arbitration clause enforceability in both the consumer
and employment contexts.

On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory arbitration agreements between employees and…

On January 17, 2017, the Court of Appeals for the Second Circuit
issued its long-anticipated opinion in Marblegate Asset
Management, LLC v. Education Management Finance
Corp., ruling that Section
316(b) of the Trust Indenture…

Deputy chair Valerie Radwaner and litigation associate Jeremy Benjamin will discuss implicit bias in the legal profession and practical strategies to counter its effects at the New York State Bar Association's upcoming annual meeting.

Enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) and
other international anti-corruption laws is increasing
dramatically. In 2016 alone, DOJ and the SEC collected a
record-shattering total of nearly $2.5 billion to…

Litigation partner Jacqueline Rubin will discuss the enforcement
of corporate agreements at the Practising Law Institute's "Drafting
and Negotiating Corporate Agreements" seminar on January 6 in New
York City.

In its first opinion on the scope of insider trading liability
in nearly twenty years, the Supreme Court in Salman v.
United States addressed whether insider trading liability
can arise where a tipper makes a "gift" of…

The U.S. Department of Labor's final rule revising overtime
exemption regulations for white-collar employees was set to take
effect December 1. But a nationwide injunction last month blocking
the rule leaves companies uncertain…

Paul, Weiss has announced that three new partners have been elected to the partnership, effective January 1, 2017: David M. Klein, Brian C. Lavin and Richard C. Tarlowe. All are resident in Paul, Weiss's New York office.

The Consumer Financial Protection Bureau recently published a bulletin outlining a demanding compliance standard for companies that use incentive programs as part of employees' compensation arrangements. In light of the bulletin and…

In GAMCO Investors v. Vivendi Universal, the
Second Circuit provided defendants in securities litigation suits
with a method to rebut the fraud-on-the-market presumption by
showing that the plaintiffs would have purchased the…

Litigation partners Rick Rule and Joseph Bial co-authored the
"USA" chapter in the 2017 edition of The International
Comparative Legal Guide to Cartels & Leniency, published
by the Global Legal Group Ltd., London.

The DOJ's Antitrust Division and the FTC recently published the
agencies' first official guidance on antitrust issues in hiring and
employment practices. The White House Council of
Economic Advisors recently also…

A Second Circuit decision on November 3 in Lowinger v.
Morgan Stanley rejected a theory that would have impeded
the normal process by which trading of newly issued IPO shares is
stabilized. In its November 3 ruling, the court…

On October 24, 2016, U.S. authorities announced that Brazilian
aircraft manufacturer Embraer SA agreed to pay more than $205
million to resolve violations of the Foreign Corrupt Practices
Act's anti-bribery, books and records and …

The U.S. Court of Appeals for the Second Circuit has continued
to narrow the reach and application of U.S. law internationally,
note litigation partners Martin Flumenbaum and Brad Karp in their
October 27 column in the New York…

On October 19, the Federal Reserve Board ("Board"), the Federal Deposit Insurance Corporation ("FDIC"), and the Office of the Comptroller of the Currency ("OCC") jointly issued an advanced notice of proposed rulemaking ("ANPR")…

On October 11, 2016, the D.C. Circuit Court of Appeals held in PHH Corp. v. CFPB that the structure of the Consumer Financial Protection Bureau ("CFPB") as an independent agency headed by a single Director violated Article II of the…

Litigation partner Christopher Boehning, along with Gareth
Sweeney, Global Advocacy Manager of Transparency International,
will speak at a seminar hosted by Columbia Law School's Center for
the Advancement of Public…

On September 27, 2016, in related appeals arising from a
long-pending securities fraud class action against Vivendi, the
Second Circuit ruled on several important issues, including the
proof necessary to both sustain and defeat…

On September 15, 2016, U.S. and Dutch authorities presented
Telia Company AB, a global telecommunications company partially
owned by the Swedish government, with a proposed settlement offer
requiring Telia to pay $1.4 billion to…

The Second Circuit's September 20 decision in In re American
International Group, Inc. Securities Litigation, No.
14‐4067(L) will likely have consequences in the negotiation of
class action securities settlement agreements.

On September 20, 2016, the Second Circuit reversed a $147
million antitrust judgment against two Chinese companies on
international comity grounds in the long-running In re Vitamin
C Antitrust Litigation in the Eastern District…

In Larkin v. Shah issued last week, the
Delaware Court of Chancery dismissed a stockholder challenge to a
merger due to the cleansing effect of fully informed stockholder
approval, applying the Delaware Supreme Court's recent…

On August 30, 2016, the U.S. Department of the Treasury, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of…

Litigation partner Jonathan Kanter will speak at an event,
titled "Dominant Platforms Under the Microscope: Policy Approaches
in the U.S. and EU," co-hosted by The Capital Forum and George
Washington Institute of Public Policy.

Antitrust partners Aidan Synnott and Andrew C. Finch have
authored a chapter surveying recent developments in
antitrust-related enforcement actions of the United States
Department of Justice and Federal Trade Commission.

On August 1, 2016, Magistrate Judge Andrew Peck of the Southern
District of New York released a decision reaffirming the
presumption that the party responding to discovery requests is best
positioned to determine the steps they…

The United States Court of Appeals for the Second Circuit
recently articulated a standard to determine what claims may be
barred against a purchaser of assets "free and clear" of claims
pursuant to section 363(f) of the…

On June 30, 2016, following a two-day high-level mission to
Tokyo, Japan to meet with senior government officials and
representatives, the Organization for Economic Cooperation and
Development ("OECD") Working Group on Bribery in …

On July 14, 2016, the United States Department of Justice
announced that it had concerns that a transaction involving two
foreign electronic trading platforms would have, as originally
structured, violated Section 8 of the…

London-based corporate partners Mark Bergman and David Lakhdhir
co-authored a client memorandum, titled "Brexit: Disclosure
Implications for SEC Reporting Companies," that was featured in the
July issues of Insights: The…

In the short period since the June 23 UK referendum on whether
to remain in, or leave, the European Union, the United Kingdom has
faced a remarkable range of political, monetary, economic and
even constitutional…

Litigation partners Judge Stephen Lamb and Jacqueline
Rubin will participate in a Practicing Law Institute full-day
seminar titled "Delaware Law Developments 2016: What All Business
Lawyers Need to Know."

Litigation partner Susanna Buergel was profiled
in Law360's "Influential Women in Securities Law"
for, among other things, her work with Citigroup to reach a
settlement with the U.S. Securities and Exchange Commission…

Litigation partners Mark Mendelsohn and Alex Oh co-authored a client memorandum, titled "DOJ Declination Letters and the FCPA," that was featured on The Harvard Law School Forum on Corporate Governance and Financial Regulation…

Following Maria Vullo's confirmation as Superintendent earlier this month, the New York Department of Financial Services ("DFS") yesterday finalized its closely watched proposed regulation on anti-money laundering (AML) monitoring and …

On June 23, 2016 voters in the United Kingdom were asked in a
referendum whether the UK should remain a member of the European
Union or leave the EU. By a vote of 51.9% to 48.1%, the
voters opted to leave.

In Green v. Brennan, No. 14-613 (May 23,
2016), the Supreme Court held that, in constructive-discharge
claims brought by federal employees under Title VII of the Civil
Rights Act of 1964, the limitations period for the time…

Tilton v. SEC, No. 15-2103 (2d Cir. June 1,
2016), arose from an action in federal district court brought by
Lynn Tilton and her investment firms ("Tilton"), who were
respondents in an ongoing administrative proceeding before the
…

In its decision last year in Madden v. Midland Funding, LLC, the
Second Circuit held that, after a national bank sells its loans to
a third party, the National Bank Act no longer preempts state usury
laws that would otherwise…

Firm chair Brad Karp and litigation partners Roberto Gonzalez,
Elizabeth Sacksteder, Jay Cohen and Jane O'Brien co-authored a
client memorandum that was featured on the Harvard Law
School Forum on Corporate Governance and…

On May 11, President Obama signed into law the Defend Trade
Secrets Act of 2016 (the "DTSA"),[1] which amends the Economic
Espionage Act ("EEA"), 18 U.S.C. § 1831 et seq., a
criminal statute that prohibits trade secret…

Counsel Peter Jaffe will speak on two panels at the 2016
Compliance Week conference. The first discussion, titled
"Compliance Officer as Strategic Business Partner," will look at
how the value of compliance can go far beyond…

Litigation partner Roberto Gonzalez will join a Duke University
alumni panel of former Supreme Court law clerks for "Reflections on
the Supreme Court," a review of some of the major cases argued
before the Court in the past…

Last week, a judge in the United
States District Court for the District of New Jersey ruled on an
issue that has remained unresolved since the United States Supreme
Court split 4-4 on it four years ago: whether the two-year
…

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB)
released a 377-page notice of proposed rulemaking that would
prohibit, going forward, banks and a variety of other companies
from including in contracts arbitration…

Paul, Weiss is a sponsor of the New York City Bar Association's
5th Annual White Collar Crime Institute, a full-day program that
will explore the critical developments characterizing the current
era of white collar…

On March 30, the D.C. District Court issued an order rescinding
the Financial Stability Oversight Council's (FSOC's) designation of
MetLife, Inc., as a systemically important nonbank financial
company. The Court's opinion was…

On March 23, 2016, the U.S. Securities and Exchange Commission
("SEC") announced a settlement with Novartis AG ("Novartis")
regarding alleged violations of the books and records and internal
accounting controls provisions of the…

On March 22, 2016, the United States Supreme Court, in its widely anticipated decision Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, ruled 6-2 that statistical evidence and representative sampling could be used by plaintiffs…

In Concord Associates, L.P., et
al. v. Entertainment Properties Trust, et al., No.
13-3933-cv (2d Cir. 2016), the United States Court of Appeals for
the Second Circuit affirmed the dismissal of a complaint asserting
claims under …

In this video interview, litigation partner Chris Boehning
discusses two key changes in the amendments to the Federal Rules of
Civil Procedure, which focus on the rules governing sanctions and
proportionality.

Women In Law Hong Kong (WILHK), hosted a launch event of the
first cross-firm mentoring program for legal professionals as part
of its commitment to enhancing the profiles, skills and networking
opportunities available to women…

On March 4, 2016, in Tongue v. Sanofi,[1] the Second Circuit
interpreted and applied for the first time the Supreme Court's
decision in Omnicare Inc. v. Laborers Dist. Council Const. Indus.
Pension Fund,[2] which addressed the…

On March 2, the Consumer Financial Protection Bureau entered an
enforcement order against online payment platform Dwolla, Inc. for
deceiving consumers about its data security practices and the
safety of its online payment system.

On February 16, 2016, the Securities and Exchange Commission and
the Department of Justice announced settled parallel enforcement
and criminal actions against Massachusetts-based technology company
PTC, Inc. and its two…

The Cybersecurity Information Sharing Act of 2015 ("CISA") was
signed into law on December 18, 2015. The law authorizes companies
to monitor and implement defensive measures on their own
information systems to counter cyber…

On February 4, 2016, the U.S. Securities and Exchange Commission ("SEC") announced a settled enforcement action against U.S. pharmaceutical company SciClone Pharmaceuticals, Inc. ("SciClone"), alleging violations of the anti-bribery…

Awards & Recognition

Litigation partner Lew Clayton was named “Litigator of the Week” by The American Lawyer following a victory by Lew and litigation partners Andrew Gordon, Susanna Buergel and Moses Silverman in a seminal M&A case on behalf of Paul, …

The American Lawyerhas placed Paul, Weiss fifth in its annual “A-List,” which ranks firms based on their revenue per lawyer, pro bono commitment, associate satisfaction, racial and gender diversity, and the percentage of female…

Litigation partner Jennifer H. Wu, counsel Megan Raymond and associate Jenny C. Wu received the George Hutchinson Committee Award in recognition of their work and leadership in developing the first-ever mock argument program for the…

Litigation partner Jeh Johnson will receive The Fund for Modern Courts’ John J. McCloy Award, which recognizes lawyers who have made outstanding contributions to improving the administration of justice in New York State.

Litigation partner Steve Baughman was named Vice President of the Patent Trial and Appeal Board (PTAB) Bar Association on March 22, following an election held at the organization’s second annual conference in Washington, D.C.

Deputy Chair and corporate partner Valerie Radwaner, litigation partner Audra Soloway and M&A partner Taurie Zeitzer were named to Crain’s New York Business’inaugural list of Leading Women Lawyers in New York City.

Litigation partner Roberto Gonzalez has been elected as a member of the American Law Institute, an organization dedicated to clarifying, modernizing and improving the law and the administration of justice.

Litigation partner Nick Groombridge, corporate partner Scott Barshay and Paul, Weiss were recognized by the Financial Timesin an annual feature recognizing this year’s most innovative North American law firms and lawyers.

Firm chair Brad Karp, Sarah L. Cave of Hughes Hubbard & Reed and Matthew Diller of Fordham Law School have been nominated to serve as the City Bar’s three vice presidents and to represent the interests of the association’s 24,000…

Litigation partner Jeh Johnson will be honored with the Theodore Roosevelt Leadership Award at the annual awards reception of the Citizens Crime Commission of New York City, a nonprofit focused on improving criminal justice and public …

Litigation partners Susanna Buergel and Michele Hirshman were included in Benchmark Litigation’s “Top 250 Women in Litigation” which recognizes leading female litigators for participating in some of the most impactful litigation…

The American Lawyerhas ranked Paul, Weiss third in its annual “A-List,” which ranks firms based on their revenue per lawyer, pro bono commitment, associate satisfaction, racial and gender diversity, and the percentage of female…

Legal Momentum, a national nonprofit organization advocating for the legal rights of women and girls, named firm chairman Brad Karp as its “Man of Distinction” at its annual Aiming High luncheon celebrating the power of women.

The incoming Chair of the ABA's Section of Antitrust Law has
appointed litigation partner Andrew Finch to serve a third
consecutive term as Vice Chair of the Section's Books and Treatises
Committee during the 2016-2017 ABA year.

Litigation partner Susanna Buergel was recognized by
Law360 as one of "The 25 Most Influential Women in
Securities Law," a new series which profiles the achievements of an
elite group of women in securities law, showcasing top…

Litigation partner Richard Rosen and corporate partner Udi
Grofman were recognized among the finest law firm writers of 2016
with Burton Awards for their article, "Political Intelligence and
U.S. Insider Trading Regulations."

Paul, Weiss has been named Benchmark Litigation's
"Securities Firm of the Year" for 2016. Litigation partner Gregory
Laufer accepted the award for the firm on February 11 at the Essex
House in New York at the third annual…